Children can steal from their parents with impunity, but also from their grandparents. What are the exceptions to this “family immunity”?
If theft is reprehensible and we teach our children, from a very young age, not to take things that do not belong to them, young people sometimes go through a period of rebellion during which they experience everything that They are forbidden. What child has never been tempted to steal candy from a store? While they know that this is not the right thing to do and that there may be repercussions, such as being fined or paying back the amount owed, we should know that our children are, however, protected by the law when they steal from their own parents, and even their grandparents. Yes, under French law, stealing from a stranger is reprehensible, but it is entirely possible to steal from your family.
Indeed, within the family unit, there is a kind of immunity. Article 311-12 of the Penal Code specifies that “theft committed by a person to the detriment of his ascendant or descendant cannot give rise to criminal prosecution”. This therefore means that a child can absolutely steal from his parents or grandparents, in the same way that a parent or grandparent can steal from his child or grandchild, without this giving rise to lawsuits. This family immunity also applies to spouses, provided that they are not in divorce proceedings.
But what exactly are we talking about and what does a child have the “right” to steal from us (and vice versa)? In reality, almost everything can be stolen from within the family: a television, family jewels, clothes, a car or any other object belonging to one’s ascendant.
Exceptions are nevertheless provided for by law and the person can be prosecuted if they steal an object or document essential to the victim’s daily life such as identity papers or a residence permit for example, as well as means of payment. such as checks or credit cards. Note that a guardian or curator for example, designated to take care of the victim as part of a protection measure for example, can be brought to justice for their malicious acts: family immunity cannot be retained in such a case.